I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.

Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.

If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?

Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?

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sunny1000

11-10 11:37 PM

to be frank with you guys my friend have a good bank statment and business in his own country he wanna apply for a tourist visa and i recomended for him to have a hotels .... flight reservation but i am still confused about the purpose of the visit actually its not about the purpose its about his chance to get a visa he never been in the US never apply for a visa , dont have any relatives in the US he wanna try his chances to get a visa only ?????

thats all , any insight :confused:

All depends on convincing the consular officer that he will come back to India at end of the trip...

When to File. Generally, a Form I-129 petition may not be filed more than six months prior to the date employment is scheduled to begin. Petitioners should review the appropriate regulatory provisions in 8 CFR which relate to the nonimmigrant classification sought.

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mrdelhiite

08-19 11:15 AM

Hello All,

I e-filed my AP on August 5th 2010 and sent all my papers to NSC. I received a notice they they received my application with the same date. My last AP expired on 30 July 2010.

I have a wedding coming up in family that I want/need to attend. Is it possible for me to use this reason to expedite my AP? Also has anyone been in similar situations? Any feedback is greatly appreciated.

Your existing PERM is ok as long the acquiring company (successor in interest) keeps you in the same job (almost same job) with similar duties in the same location ( I am not sure exactly on location though it would make sense)

Even though I didnt have a PERM case go through this scenario. I had an old style case through BEC that went through company acquisitions.

Your attorney will have to file amendments and other supporting documents (like ability of new company to pay etc etc)

Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.

If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).

our ead is expiring in sep1st week. My attorney has just filed for ead renewal, am still waiting for a receipt no.

Since am working in H1 and not used EAD yet, i wont have any problem. My wife is currently working on H1B and had plan to switch on EAD, although she has not started using the current EAD. And her H1 is also expiring in september. I am now afraid what will happen if her EAD doesnot get renewed before the expiry date. She may neither be able to work in H1 nor EAD.

i should have applied for ead renewal myself instead of waiting for employer to file. The process is getting delayed now.

Guys, is there any way to expedite her EAD to be approved soon? can she continue work in h1 even if her h1 has expired until 90 days?

He is out of status if the L-1 employer no longer exists or he is not working for that company. If the position still existed, he would be maintaining status even though the L-1 I-94 has expired, if the extension was filed before the I-94 expired. However, the issue isn't the late filing of the extension, it's the fact that he is not working for the company and really had no basis for filing an extension.

Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.

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snehaledu

09-19 06:50 PM

My application is recieved by R COOK on 10th July and no news yet. My 140 is approved on 08/17 just 2-3 days before.

My lawyer said i need to do I-140 amendment..wondering if its worth it given i may get approval in few weeks. Has any one done such amendment..how does it impact the timeline?

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lfadgyas

04-16 01:55 PM

I'm in the process about to use "AC21" Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved) have EAD but never used. Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.

Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX. Detailed job description/duties will be the same;

Old employer/layer is not revoking anything, willing to help.

Will this stand if they request an EVL or later on the road? According to my research they not strict about the job codes they more go by the job description and duties. I'm sure lots of folks are in the same situation, please advice.

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sbmallik

12-27 03:10 PM

I will fell more comfortable if the experience letter mentions the last day as 5/17/2009. Otherwise I will simply mention it as April 2009. This way the continuous employment criteria will be met.

conundrum

06-23 03:47 PM

Isn't it high time we started a state chapter. I am from Cincinnati, and would gladly like to host a meeting so that we can get this going. :)